What's Wrong with This Note???

The Modifications Committee of the HOA serves an important purpose. They keep things looking nice in the community. Except when they don't.

Drive by the blue house at 6 Harvest Ridge Drive, just east of the HOA office. How did a Form 201 ever get approved by the Modifications Committee to paint that house blue? 

And how did the owner ever get approval for the over-size "shed" (garage) in his backyard? It is certainly larger than 10'x10'x10'. It's blue, too.

The issue of plastic sheds is mentioned in the Minutes for the April 1st Board Meeting. The Modifications Committee didn't need to deny it, because plastic sheds are prohibited in Section 22 of the Summit Modifications Committee Guidelines.

Further, read the Note at the end of Section 22 of the Guidelines.

"Note: The Modification Committee reserves the right to allow or disallow the construction of the detached structure for reasons not covered in this guideline. These are just guidelines and not meant to be hard fast rules for construction of a structure. This is a guideline for the homeowner who may be considering the construction of a detached structure on their property. The Modification Committee has the final say in what is or is not allowed."

Seriously?

The Modification Committee has NO right to allow or disallow ... It can't "reserve" that right, because that right doesn't exist.

The Guidelines are not "just guidelines". As a matter of fact, they ARE hard (and) fast rules.

Most importantly, the Modifications Committee does NOT have the final say in what is or is not allowed. The Board of Directors has the final say.

If an owner wants to paint his house blue or erect a blue garage larger than the 10'x10'x10' maximum shed size or erect a plastic shed, the Modifications Committee should deny it. 

The homeowner then could appeal that denial to the Board of Directors. The Board would be bound to make a decision on behalf of the HOA for the benefit of all the Members of the Association.

When was that Note added to the Guidelines? Who was President of the HOA at the time that Note was added? Who authorized that Note?

The Board should immediately revise the Guidelines and remove that Note. They can do so at any board meeting.

Will someone bring this up to the Board. I can't.

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